Learner's Permit while AOS pending

[RaheelS 6]

Hello VJ!

 

I have a question, but before I ask the question, here is a quick background: I have already applied for AOS for my wife and I have the NOA1 for all three applications (I-485,I-765,I-131). She doesn't have a social security number, but I will be applying for her ITIN very soon since we will be filing taxes jointly. My question was whether she will be able to get her Learner's Permit after enrolling in a driving school, so she can drive. I have seen several threads on VJ where individuals got there driver licenses while their AOS was pending ( I know it depends on the state and other factors). We live in Texas, I wanted to see if anybody else was able to get their learner's permit or driver license while their AOS is pending. My wife's I-94 is already expired but I do have the NOA1s. Has anybody had any trouble enrolling in a driving school or getting their learner's permit in Texas? In this situation, would she be able to get her driver license?

[ProbeGT 47]

Does she have a driver's license from Pakistan (or any other country)?  If so, she may be able to get an international driving permit, which may be easier than a permit. 

[RaheelS 6]

9 hours ago, ProbeGT said:

Does she have a driver's license from Pakistan (or any other country)?  If so, she may be able to get an international driving permit, which may be easier than a permit. 

No she doesn't have a driver's license at all not even from Pakistan. I was going to enroll her in a driving school, but I was trying to see if anybody else had an issue getting their learner's permit after all said and done with the situation that I am in in terms of documents.

[moneeb Iqbal 13]

I have question about getting ITIN number me and my wife are trying to get it we are confused they are going to give US through mail or email and which mailling address should we give them US mailing address where is my wife or mine am in Pakistan 

please someone help

[Celebi 136]

15 hours ago, RaheelS said:

No she doesn't have a driver's license at all not even from Pakistan. I was going to enroll her in a driving school, but I was trying to see if anybody else had an issue getting their learner's permit after all said and done with the situation that I am in in terms of documents.

I found this link for Texas: https://www.dps.texas.gov/driverlicense/applyforlicense.htm

[craig5977 58]

On 1/22/2021 at 3:32 AM, RaheelS said:

Hello VJ!

 

I have a question, but before I ask the question, here is a quick background: I have already applied for AOS for my wife and I have the NOA1 for all three applications (I-485,I-765,I-131). She doesn't have a social security number, but I will be applying for her ITIN very soon since we will be filing taxes jointly. My question was whether she will be able to get her Learner's Permit after enrolling in a driving school, so she can drive. I have seen several threads on VJ where individuals got there driver licenses while their AOS was pending ( I know it depends on the state and other factors). We live in Texas, I wanted to see if anybody else was able to get their learner's permit or driver license while their AOS is pending. My wife's I-94 is already expired but I do have the NOA1s. Has anybody had any trouble enrolling in a driving school or getting their learner's permit in Texas? In this situation, would she be able to get her driver license?

Since you are legally married just apply for her Social Security number, they will grant her one, but it will say on the card that she is pending AOS status. And you can change that after you get your EAD card for work. Minnesota wants a SS number for everything, even for learners permit. Good Luck

[Allovertheworld 355]

On 1/21/2021 at 2:32 PM, RaheelS said:

Hello VJ!

 

I have a question, but before I ask the question, here is a quick background: I have already applied for AOS for my wife and I have the NOA1 for all three applications (I-485,I-765,I-131). She doesn't have a social security number, but I will be applying for her ITIN very soon since we will be filing taxes jointly. My question was whether she will be able to get her Learner's Permit after enrolling in a driving school, so she can drive. I have seen several threads on VJ where individuals got there driver licenses while their AOS was pending ( I know it depends on the state and other factors). We live in Texas, I wanted to see if anybody else was able to get their learner's permit or driver license while their AOS is pending. My wife's I-94 is already expired but I do have the NOA1s. Has anybody had any trouble enrolling in a driving school or getting their learner's permit in Texas? In this situation, would she be able to get her driver license?

She would need a valid greencard ot get a DL.  Texas uses the SAVE System to check immigration status.  Texas allows you to sign a document stating you dont have a SSN.  But I highly advise you to get her one asap, but from my memory since her 90 days is up then you won't be able to do so until she gets her 2 year greencard.

 

Texas will not let you get a DL or State ID with AOS pending

[Chancy 6,241]

10 hours ago, craig5977 said:

Since you are legally married just apply for her Social Security number, they will grant her one, but it will say on the card that she is pending AOS status

 

No, being married to a US citizen does NOT make a foreign national eligible for SSN.  IRS will NOT assign the OP's wife an SSN simply on the basis of their marriage.  The wife will need an EAD or a GC to be eligible for SSN.  This is why people apply for ITIN prior to receiving their EAD or GC.

 

[craig5977 58]

4 hours ago, Chancy said:

 

No, being married to a US citizen does NOT make a foreign national eligible for SSN.  IRS will NOT assign the OP's wife an SSN simply on the basis of their marriage.  The wife will need an EAD or a GC to be eligible for SSN.  This is why people apply for ITIN prior to receiving their EAD or GC.

 

I agree being married to a foreign national does not make her eligible for a SS card. But the OP says they are married, here in the USA and has applied for AOS, EAD. With the marriage license and the NOA 1 of AOS you can go to the SS office and apply for a SS number for her. I did before and the card will say that she is not eligible for work without an EAD card. Then after get EAD they can replace the card and it will say she is eligible for work. If Texas does as MInnesota does, the learners permit will say also, pending AOS status. Thats what my ex's license had on it. Good Luck

[ProbeGT 47]

On 1/23/2021 at 9:52 AM, Celebi said:

I found this link for Texas: https://www.dps.texas.gov/driverlicense/applyforlicense.htm

It looks like the OP's could get a temporary visitor's license. 

It is probably best to just go to the office and ask.  Many states will grant licenses to people who are in the AOS process, but do not advertise this as it is not a common situation (relative to how many people apply for licenses)

[Chancy 6,241]

12 hours ago, Chancy said:

IRS will NOT assign the OP's wife an SSN simply on the basis of their marriage.

 

Correction -- SSA (not IRS) will NOT assign the OP's wife an SSN...

  

8 hours ago, craig5977 said:

With the marriage license and the NOA 1 of AOS you can go to the SS office and apply for a SS number for her. I did before and the card will say that she is not eligible for work without an EAD card.

 

Your wife must have had some other qualification that made her eligible for SSN.  If you're referring to your wife who had a K1 visa, there's an exception for K1 visa holders that allows them to get SSN before their I-94 expires.  OP said his wife's I-94 already expired.  Just a marriage certificate and AOS NOA1 will not allow her to get SSN.  If it were that easy to get SSN, that tip would have been stickied in the AOS, SSN, and Taxes sub-forums here on VJ.  Here's the official guidance from SSA on getting SSN for non-citizens -- https://www.ssa.gov/pubs/EN-05-10096.pdf

 

[RaheelS 6]

On 1/23/2021 at 9:52 AM, Celebi said:

I found this link for Texas: https://www.dps.texas.gov/driverlicense/applyforlicense.htm

Thanks for taking the time and sending me the link! I have been to this website multiple times and it does mention under "lawful presence" section that a NOA1 can be presented for the AOS, but I have read some threads on here of people who didn't have much luck doing that either (at least in Texas). I appreciate you responding to the post!

[RaheelS 6]

On 1/24/2021 at 4:42 AM, craig5977 said:

Since you are legally married just apply for her Social Security number, they will grant her one, but it will say on the card that she is pending AOS status. And you can change that after you get your EAD card for work. Minnesota wants a SS number for everything, even for learners permit. Good Luck

I tried to get an appointment at my local SSA office, but when I explained my situation to them, they told me that since the I-94 is expired, they can't provide her one until she gets her green card or EAD. I know that their is a social that you can get that says "not authorized for work authorization" or something along those lines, but the lady I was talking to at the SSA office over the phone just denied my request for an appointment to even try to get her one. I may try again though, but I'm leaning more towards getting a ITIN number for her because I'm going to need one anyways to file taxes jointly. Thanks for your reply!

[RaheelS 6]

On 1/24/2021 at 6:00 AM, Allovertheworld said:

She would need a valid greencard ot get a DL.  Texas uses the SAVE System to check immigration status.  Texas allows you to sign a document stating you dont have a SSN.  But I highly advise you to get her one asap, but from my memory since her 90 days is up then you won't be able to do so until she gets her 2 year greencard.

 

Texas will not let you get a DL or State ID with AOS pending

You're right for the most part. I have read threads on here where people take the print out from the Texas DPS website under the lawful presence section, it does mention that the NOA1 for the AOS counts as a document, and it gets verified under the SAVE system over the course of two weeks or so, and some people have been successful. I just haven't tried it and was looking for suggestions. I tried getting a social for her, but like I wrote in the last post, didn't have much luck because of her I-94 expired. Thanks for your reply!

[RaheelS 6]

On 1/24/2021 at 2:55 PM, Chancy said:

 

No, being married to a US citizen does NOT make a foreign national eligible for SSN.  IRS will NOT assign the OP's wife an SSN simply on the basis of their marriage.  The wife will need an EAD or a GC to be eligible for SSN.  This is why people apply for ITIN prior to receiving their EAD or GC.

 

Yes, the only time though a K1 visa applicant can get a social is within the time period of their I-94 being valid when they come into the US. My wife would've also had a social if I wasn't given incorrect information by the SSA within that time period. I had called multiple offices and spoke to multiple reps at the SSA who told me that you have to wait for the EAD or GC to get a social. But you're right overall, thanks for your reply!